Jai Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6486 of 2020 Arising Out of PS. Case No.-175 Year-2019 Thana- ITARHI District- Buxar ====================================================== Jai Prakash Singh Son Of Banarasi Singh Resident Of Village - Bhikhampur, P.O.- Kariya, P.S.- Itadi, District- Buxar ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Surendra Kumar Singh, Advocate For the Opposite Party :

Mrs.Pushpa Sinha, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-01-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for the offence punishable under sections 307/34 and other ancillary sections of the Indian Penal Code and section 27 of the Arms Act.

As per the FIR, while the informant and his son were sitting on the road, in the meantime this petitioner along with other accused persons are alleged to have made indiscriminate firing, though no one was hurt. It is further alleged that the accused persons also damaged the house of the informant and on the information given by the informant, police came on the spot and seized empty cartridges.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.6486 of 2020(3) dt.08-01-2021 2/2 case. It is also submitted that no one sustained any injury by the firing alleged to have been opened by the petitioner. Petitioner is a student and has got no criminal antecedent and he is in custody since 1.8.2019.

In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in Itadhi Police Station Case No. 175/2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T